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HomeMy Public PortalAboutPRR 16-2394RECORDS REQUEST (the "Request") Date of Request: 11/09/2016 Requestor's Request ID#: 1338 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at recordsng.commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In the second sentence of the fifth paragraph of the Coastal Star Letter to the Editor of November 2.2016: Gulf Stream confident it's on the right track Scott Morgan states the following: "For example one such request required production of "All photos of people riding bicycles on N. Ocean Blvd. in the town's public record: "' Please provide a copy of the request referred to in the language quoted above. Sec attached Exhibit A. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners its Manager, its employees its officers, its staff, its Police Department, its Police Officers: including, without limitation. the attorneys emifflovees and partners of the following law firing: Sweetapple Broeker & VgdmE Richman Greer, PA: Jones, Foster- Johnston & Stubbs: Cole. Scott & Kissane. P.A.: and Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE ti119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE 1N ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER, NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF 6119.07(O(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT 4F A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any casts imposed to the Requester by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR - 11.04.2016 Letter to the Editor: Gulf Stream confident it's on the right track - The Coastal Star EXHIBIT A Search The Coastal Star Search sin 1 Sin In TCoastal)Star Main • Clnssifieds • Contact Us Events My Page • News I'hotos Talk Videos • Ynur Community • All Discussions • My Dixttissions 'S•�AAd`d 3.F Letter to the Editor: Gulf Stream confident it's on the right track Posted by Mury Kate Lemine on November 2, 2016 at 1:47pm in Island Talk View Discussions In 2014 and early 2015, the town of Gulf Stream found itself under assault from Martin O'Boyle and Christopher O'Hare, two residents who overwhelmed the town with thousands of public records requests and dozens of lawsuits. Town Hall became virtually unable to serve Gulf Stream residents. To defend against this ongoing public records abuse, Gulf Stream brought in legal staff to create a policy to respond to records requests. In addition, Gulf Stream learned through its RICO investigation about other Florida abuses committed by the O'Boyle Law Firm and a related O'Boyle company called Citizens Awareness Foundation, which it added to the town's defenses in the public records lawsuits. Since Gulf Stream took these actions, public records requests have dropped from 80 -plus per day down to several a week. In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal of six additional non-public records lawsuits. I cannot overstate how the volume of lawsuits and records requests back in 2013 and 2014 overwhelmed our small staff. The clerks regularly worked nights and weekends; they put off other town responsibilities; they hunted through old file cabinets and closed land -use folders trying to respond to requests pouring in almost daily; they called commissioners, board members, past employees and active and retired police to identify documents and their possible locations. But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed. At no time did staff refuse the legitimacy of O'Boyle's or O'Hare's requests or try to prevent them from receiving documents. For example, one such request required production of"All photos of people riding bicycles on N. Ocean Blvd. in the town's public record." Since town records go back to its founding in 1925, this request necessitated a needle -in -the -haystack search, and for which we were still sued over a "gotcha" photograph. A case currently being litigated involves some inadvertently missed documents. Despite a good -faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O'Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the near future. The town is confident that under Florida law, the court will award fees up to the performance of the records request and not beyond. This is why the town elected to try this case, as it will any otter case where it appears that O'Boyle built up large attorneys' fees. Gulf Stream will continue to defend the remaining O'Boyle and O'Hare lawsuits until our two litigious residents drop the meritless cases and negotiate reasonable settlements in good faith on the others. http://thecoastalstar.com/forumltopies/letter-to-the-editor-gulf-stream-confident-it-s-on-the... Letter to the Editor: Gulf Stream confident it's on the right track - The Coastal Star EXHIBIT A Search The Coastal Star Search Sin l Sion In "'roastalStar Main classifieds Contact Us Fvenls My Page • News Photos Talk videos • Your C'ommanity • All Discussions • IMV 1)15Cussions • Add Letter to the Editor: Gulf Stream confident it's on the right track Posted by Mun• Kole Lemine on November 2, 2016 at 1:47pm in Island Talk View Discussions In 2014 and early 2015, the town of Gulf Stream found itself under assault from Martin O'Boyle and Christopher O'Hare, two residents who overwhelmed the town with thousands of public records requests and dozens of lawsuits. Town Hall became virtually unable to serve Gulf Stream residents. To defend against this ongoing public records abuse, Gulf Stream brought in legal staff to create a policy to respond to records requests. In addition, Gulf Stream learned through its RICO investigation about other Florida abuses committed by the O'Boyle Law Firm and a related O'Boyle company called Citizens Awareness Foundation, which it added to the town's defenses in die public records lawsuits. Since Gulf Stream took these actions, public records requests have dropped from 80 -plus per day down to several a week In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal of six additional non-public records lawsuits. I cannot overstate how the volume of lawsuits and records requests back in 2013 and 2014 overwhelmed our small staff. The clerks regularly worked nights and weekends; they put off other town responsibilities; they hunted through old file cabinets and closed land -use folders trying to respond to requests pouring in almost daily; they called commissioners, board members, past employees and active and retired police to identify documents and their possible locations. But, the quantity of these requests was simply not manageable, and same documents were inadvertently missed. At no time did staff refuse the legitimacy of O'Boyle's or O'Hare's requests or try to prevent them from receiving documents. Forexample, one such request required production of"All photos of people riding bicycles on N. Ocean Blvd. in the town's public record." Since town records go back to its founding in 1925, this request necessitated a needle -in -the -haystack search, and for which we were still sued over a "gotcha" photograph. A case currently being litigated involves some inadvertently missed documents. Despite a good -faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town of%red to settle the case. O'Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let ajudge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the neer future. The town is confident that under Florida law, the court will award fees up to the performance of the records request and not beyond. This is why the town elected to try this case, as it will any other case where it appears that O'Boyle built up large attorneys' fees. Gulf Stream will continue to defend the remaining O'Boyle and O'Hare lawsuits until our two litigious residents drop the meritless cases and negotiate reasonable settlements in good faith on the others. http://thecoastalstar.conilforuniltopics/letter-to-the-editor-gulf-stream-confident-it-s-on-the... TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 18, 2016 Martin E. O'Boyle [mail to: records(a),commerce-eroup.coml Re: GS #2394 (PRR 1338) "For example, one such request required production of "All photos of people riding bicycles on N. Ocean Blvd. in the town's public record. "" Please provide a copy of the request referred to in the language quoted above. See attached Exhibit A. Dear Martin E. O'Boyle (mail to: records(commerce-eroup.coml: The Town of Gulf Stream has received your public records request dated November 9, 2016. The original public records request can be found at the following link: htti)://www2.aulf-stream.ore/weblink/O/doc/103477/Paee l .aspx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincereliy,, 9" -' As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 15, 2016 Martin E. O'Boyle [mail to: recordsna,commerce-group.coml Re: GS #2394 (PRR 1338) "For example, one such request required production of "All photos ofpeople riding bicycles on N. Ocean Blvd. in the town's public record. "" Please provide a copy of the request referred to in the language quoted above. See attached Exhibit A. Dear Martin E. O'Boyle [mail to: records(a),commerce-group.coml: The Town of Gulf Stream has received your public records request dated November 9, 2016. Your original public records request and response to your request can be found at the following link: htto://www2. gulf-stream.org/weblink/O/doc/ 103477/P age l . asox We have also attached the response in electronic format for your convenience. We consider this request closed. Sincerely, As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Chris O'Hare<chrisoharegulfstream@gmail.com> Sent: Sunday, September 29, 2013 10:25 AM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST - bicycles THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any photos of people riding bicycles on North Ocean Boulevard in the Town's public record. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(f) of the Florida Statutes. Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f). Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisohareaulfstreamftmail.com